Terms of Use for Nights Out
Effective Date: 12/30/2024
We may update these Terms from time to time, so check this page regularly for updates.
1. Introduction
By using accessing or using Nights Out Services, you must agree to the following terms and conditions ("Terms"). Please read them carefully. If you do not agree, you are not permitted to use our App.
Welcome to Nights Out for users located in the United States (USA). The terms “Nights Out“, “us“, “we“, the “Company“, the “app“, and “out“ shall refer to Nights Out LLC.
By accessing the app, you agree to and are bound by these terms, regardless of account status.
We may modify, amend, or update these Terms at any time, as permitted by applicable law. Any significant changes will be announced on this page, along with an updated effective date. It is your responsibility to review this page regularly for updates. By continuing to use our Services after changes are made, you agree to the updated Terms and will be legally bound by them. If you do not agree to the changes, you must stop using Nights Out immediately.
2. Eligibility
To register an account with Nights Out, all of these must be true:
You must be at least 18 years old. Misrepresenting age will result in a permanent ban.
You must be legally qualified to enter a binding contract with Nights Out.
You must reside in the United States of America at the time of account creation.
You must have not been charged with, convicted of, or entered a no-contest plea to a felony, an indictable offense (or a similarly serious crime), a sex-related offense, or any crime involving violence or threats of violence. NOTE: Nights out will not perform a background check to confirm this.
You must not be required to register as a sex offender with any state, federal or local sex offender registry. NOTE: Nights out will not perform a background check to confirm this.
You must create an account using accurate and up-to-date information.
You must not have a current ban from Nights Out.
You must not have a current profile (i.e., you are not allowed to have more than one account).
If you no longer meet these requirements at any time, your authorization to access our Services or systems will be automatically revoked. You must promptly delete your account, and we reserve the right to terminate your access to our Services without prior notice.
To maintain an account with Nights Out, you must maintain the register requirements and all of these must be true:
You must continuously comply with these Terms.
You must comply with all applicable state and federal laws.
You must not share login codes sent by Nights Out with other users.
You must maintain familiarity with the “Safety & Security“ pages and sub-pages in the App’s “Help Center“. This includes following our “Safe Dating Tips“ and “Safety Guidelines“.
You must not harass other members (i.e., no sexual harassment of other users).
You must inform at least one other individual of your whereabouts when creating and following through on a plan to meet another user. This other person must not be a match on Nights Out.
You must not misrepresent your identity, age, or qualifications.
You must not advertise personal business interests (i.e., promoting a service or business) on Nights Out.
You must not post explicit content (i.e., nudity, racist, sexist).
You must not solicit password or other important identifying information from other users.
You must not use another user’s account.
You must not use your account to promote other individuals except yourself.
You must not copy or export any data from another user’s profile (i.e. no screen shots).
You must not claim to be sponsored or affiliated with Nights Out in a privileged manner.
You must not abuse the Nights Out REST API. This means you are only allowed to issue HTTP requests from a Nights Out client app.
You must not reverse engineer the Nights Out client app.
If you fail to meet these requirements, then Nights Out reserves the right to cancel your account. Additionally, not meeting these requirements means you violate these terms, an you would be an unauthorized user of Nights Out.
3. Content
In this content, your content means anything that you uploaded from your device to Nights Out via the data APIs.
Your profile will be visible to users worldwide, so ensure you're comfortable sharing your content before posting. You understand and agree that other users may view your content and, despite these Terms, may share it with third parties. By uploading your content, you confirm that you hold all necessary rights and licenses to share it and automatically grant us permission to use it as outlined. You grant Nights Out a worldwide, non-exclusive, royalty-free license to use, display, and distribute such content within the app to provide the service.
You acknowledge and agree that we may monitor or review your content and reserve the right, at our sole discretion, to remove, delete, edit, restrict, block, or prevent access to any of your content at any time. Additionally, you understand and agree that we are under no obligation to display your content.
You acknowledge that your content is subject to the terms of this agreement.
You acknowledge that, despite these terms, users may upload content that violates these terms. Nights Out is not liable for monitoring user content to remove content that violates the agreement, but will do its best to do so. Nights Out is also not liable for emotional or psychological damages that users may experience from seeing content that violates our terms.
4. Privacy
You must agree to the privacy policy established by Nights Out. We value your privacy and do our best to maintain it.
5. Rights
5.1 Your Rights
Nights Out grants you the right to user our services “as is“ when you agree to these terms.
Nights Out grants you the right to exit these terms by deleting your account. Any actions that occurred before account deletion still are guided by these terms.
5.2 Nights Out Rights
You grant Nights Out the right to be excluded from consideration when another user breaks these terms. While Nights Out will try its best to make sure users follow these terms, Nights Out has the right to allow profiles that do not meet the terms to be on the app at any time.
You grant Nights Out the right to access your content at any time.
You grant Nights Out the right to publish your data through the app while your account is not deleted.
You grant Nights Out to maintain your content as records even after your account is deleted. If you do not want your images associated with Nights Out, please upload placeholder images in lieu of your original images before you delete your account. You may also contact Nights Out to ask for images to be removed.
6. Account Termination
To terminate your account this, go to “Profile“, “Settings“, “Delete Account“, type “Confirm“, and press “Yes“.
We reserve the right to suspend or terminate your account for violating these Terms or engaging in harmful behavior.
7. Governing Law
These Terms are governed by the laws of the United State and applicable state law. Any disputes will be resolved in the courts of law.
8. DISCLAIMER
Nights Out provides its Services "as is" and makes no representations regarding the content, features, or reliability of our Services or User Content.
Nights Out OFFERS ITS SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT (A) OUR SERVICES WILL ALWAYS BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, (B) ANY ISSUES OR ERRORS WILL BE IDENTIFIED OR FIXED, OR (C) THE CONTENT OR INFORMATION YOU ACCESS THROUGH OUR SERVICES WILL BE ACCURATE, COMPLETE, TIMELY, OR SUITABLE FOR YOUR NEEDS. WE ALSO MAKE NO PROMISES ABOUT THE NUMBER OF ACTIVE USERS, THEIR WILLINGNESS TO ENGAGE OR MEET, OR THE COMPATIBILITY AND CONDUCT OF USERS YOU INTERACT WITH THROUGH THE SERVICES.
Nights Out TAKES NO RESPONSIBILITY FOR CONTENT POSTED, SENT, RECEIVED, OR ACTED UPON BY YOU, OTHER USERS, OR THIRD PARTIES WHILE USING OUR SERVICES. WE DO NOT VERIFY THE IDENTITY, INTENTIONS, LEGITIMACY, OR ACCURACY OF USERS YOU MAY ENGAGE WITH. ANY MATERIAL YOU DOWNLOAD OR OTHERWISE ACCESS THROUGH OUR SERVICES IS AT YOUR OWN RISK AND DISCRETION.
WE ARE NOT LIABLE FOR ANY DAMAGE TO YOUR DEVICE, SOFTWARE, OR TECHNOLOGY RESULTING FROM YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGE CAUSED BY SECURITY BREACHES, VIRUSES, BUGS, TAMPERING, HACKING, FRAUD, ERRORS, INTERRUPTIONS, OR OTHER TECHNICAL FAILURES.
WE ARE NOT LIABLE FOR ANY HARM, DAMAGES, OR LOSSES THAT MAY RESULT FROM INTERACTIONS BETWEEN USERS OF OUR SERVICES, WHETHER ONLINE OR IN PERSON. THIS INCLUDES, BUT IS NOT LIMITED TO, INCIDENTS OF PHYSICAL HARM, SEXUAL ASSAULT, RAPE, MURDER, HARASSMENT, THEFT, FINANCIAL FRAUD, OR ANY OTHER UNLAWFUL OR INAPPROPRIATE CONDUCT. BY USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS AND THAT NIGHTS OUT DOES NOT CONDUCT BACKGROUND CHECKS, VERIFY USER IDENTITIES, OR GUARANTEE THE BEHAVIOR, INTENTIONS, OR ACTIONS OF OTHER USERS. ALWAYS EXERCISE CAUTION, PRIORITIZE YOUR SAFETY, AND USE YOUR BEST JUDGMENT WHEN ENGAGING WITH OTHERS THROUGH OUR PLATFORM.
9. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Nights Out and its affiliates, officers, directors, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
Your access to or use of, or inability to access or use, the Nights Out app or services;
Any conduct or content of any user or third party on the app, including, without limitation, defamatory, offensive, or illegal conduct;
Any unauthorized access to or use of our servers and/or any personal information stored therein;
Any bugs, viruses, trojan horses, or other malicious code that may be transmitted to or through the app by any third party;
Any interactions or meetings with other users of the app, whether in person or online
In no event shall the total liability of Nights Out for all claims arising out of or relating to the use of the app exceed the amount you have paid to Nights Out in the 12 months prior to the event giving rise to the claim, or $100, whichever is greater.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you. In such cases, liability will be limited to the fullest extent permitted by applicable law.
10. ACCEPTANCE OF TERMS
By using our Services, you accept the Terms of this Agreement.
By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services.
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require.